Terms and Conditions
Article 1 Definitions
Bricklinq Bv, established in Rotterdam, Stationsplein 45, Chamber of Commerce number 69560188, is referred to as service provider in these general terms and conditions. The client of the service provider is referred to as the client in these general terms and conditions. Parties are service provider and client together. The agreement refers to the service agreement between the parties.
Article 2 Applicability of general terms and conditions
These conditions apply to all quotations, offers, work, agreements and deliveries of services or goods by or on behalf of service provider. Deviation from these conditions is only possible if this has been explicitly agreed in writing by the parties in advance.
Article 3 Payment
Invoices must be on the account of the service provider within 30 days of the invoice date, unless the parties have made different agreements in writing or a different payment term is stated on the invoice. Payments are made without any recourse to suspension or setoff by transferring the amount due to the bank account number specified by the service provider.
If the client does not pay within the agreed period, he will be in default by operation of law, without any reminder being required. From that moment on, the service provider is entitled to suspend the obligations until the client has fulfilled his payment obligations. If the client fails to do so, the service provider will proceed to collect. The costs with regard to that collection are for the account of the client. If the client is in default, he will owe the service provider legal and commercial interest, extrajudicial collection costs and other damage. The collection costs are calculated on the basis of the Reimbursement for Extrajudicial Collection Costs Decree.
In the event of liquidation, bankruptcy, seizure or suspension of payment of the client, the claims of the service provider on the client are immediately claimable. The client refuses his cooperation in the execution of the assignment by the service provider: then he is still obliged to pay the agreed price to the service provider.
Article 4 Offers and quotations
The offers of the service provider are valid for a maximum of 12 months, unless a different period of acceptance is stated in the offer. If the offer is not accepted within that stated period, the offer will expire. Delivery times in quotations are indicative and do not give the client the right to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing. Offers and quotations do not automatically apply to repeat orders. Parties must agree explicitly and in writing.
Article 5 Prices
The prices stated on offers, quotations and invoices from the service provider are exclusive of VAT and any other government levies unless explicitly stated otherwise. The prices of goods are based on the cost prices that are known at that time. Increases, which could not be foreseen by the service provider at the time of making the offer or the conclusion of the agreement: may give rise to price increases.
With regard to the service provision, parties can agree a fixed price when concluding the agreement. If no fixed price has been agreed: the rate with regard to the services can be determined on the basis of the hours actually spent. The rate is calculated according to the service provider’s usual hourly rates: valid for the period in which he performs the work, unless a different hourly rate has been agreed upon.
If no rate has been agreed on the basis of the hours actually spent, a target price is agreed for the service, whereby the service provider is entitled to deviate from this by up to 10%. If the target price is going to be more than 10% higher, the service provider must know in good time why a higher price is justified. In that case, the client has the right to cancel part of the assignment that exceeds the target price plus 10%.
Article 6 Price indexing
The prices and hourly rates agreed upon entering into the agreement are based on the price level applied at that time. The service provider has the right to adjust the fees to be charged to the client annually from 1 January. Adjusted prices: rates and hourly rates are communicated to the client as soon as possible
Article 7 Provision of information by the client
Client makes all information that is relevant for the execution of the assignment available to the service provider. The client is obliged to make all data that the service provider believes necessary for the correct execution of the assignment timely and in the desired form and in the desired manner. The client guarantees the correctness, completeness and reliability of the information made available to the service provider, even if it originates from third parties, unless the nature of the assignment dictates otherwise. The client indemnifies the service provider against any damage in any form whatsoever arising from failure to comply with the provisions of the first paragraph of this article.
All information provided for the purpose of maintenance and financial transactions relating to the real estate and linked services automatically becomes the property of Bricklinq. Bricklinq will handle this information in good faith and will only make it available (in part) if there is an immediately plausible reason for this, such as savings, reminders, quotations, legal matters, etc. Does the client not provide the information requested by the service provider in a timely or incomplete manner? and documents are available and the execution of the assignment is delayed as a result, then the resulting extra costs and extra fees will be borne by the client.
Article 8 Withdrawal of assignment
The client is free to terminate the assignment to the service provider at any time. When the client withdraws the assignment, the client is obliged to pay the wage due and the expenses incurred by the service provider.
Article 9 Execution of the agreement
The service provider implements the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. The service provider has the right to have work performed by third parties.
The implementation takes place in mutual consultation and after written agreement and possibly payment of any agreed advance. It is the responsibility of the client that the service provider can start the assignment on time.
Article 10 Contract duration
The agreement between the client and service provider is entered into for a period of 12 months, and is automatically extended once again after a period of 12 months. If a period for the completion of certain activities has been agreed by the parties within the duration of the agreement, this is never a strict deadline. If this period is exceeded, the client must give the service provider written notice of default.
Article 11 Amendment of the agreement
If during the execution of the agreement it appears that a proper execution of the assignment is necessary to change the work to be performed or to wish to adjust the parties to the agreement in a timely manner and in mutual consultation. If the parties agree that the agreement will be amended or supplemented: the time of completion of the implementation may be affected. The service provider will inform the client of this as soon as possible.
If the amendment or supplement to the agreement has financial and / or qualitative consequences, the service provider will inform the client about this in writing as soon as possible. If the parties have agreed on a fixed fee: the service provider must indicate to what extent the change or supplement to the agreement will result in this fee being exceeded.
Article 12 Force majeure
In addition to the provisions of Article 6: 75 of the Dutch Civil Code, a failure on the part of the service provider to fulfill any obligation towards the client cannot be attributed to the service provider in the event of a circumstance independent of the will of the service provider, which means that the fulfillment of its obligations towards the client is prevented in whole or in part or as a result of which the fulfillment of his obligations cannot reasonably be expected from the service provider. These circumstances include non-performance of suppliers or other third parties, power failures, computer viruses, strikes, bad weather conditions and work interruptions.
If a situation as referred to above occurs as a result of which the service provider cannot meet his obligations towards the client, those obligations will be suspended as long as the service provider cannot meet his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days: the parties have the right to dissolve the agreement in writing in whole or in part
In the case referred to in the second paragraph of this article, the service provider is not obliged to pay compensation for any damage: not even if the service provider enjoys any benefit as a result of the force majeure situation
Article 13 Settlement
Client waives its right to set off a debt to service provider against a claim on service provider
Article 14 Suspension
Client waives the right to suspend the fulfillment of any obligation arising from this agreement.
Article 15 Transfer of rights
Rights of one party to this agreement cannot be transferred without the prior written consent of the other party. This provision applies as a clause with property law effect as referred to in Section 3:83 (2): Dutch Civil Code.
Article 16 Expiry of the claim
Any right to compensation from the service provider expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Article 17 Insurance
The client undertakes to deliver goods that are necessary for the implementation of the underlying agreement: as well as goods from the service provider that are present at the client and goods that have been delivered under retention of title: adequately insured and kept insured against, among other things, fire: explosion and water damage as well as theft. The Client will provide the policy for these insurance policies for inspection on first request.
Article 18 Liability for damage
The service provider is not liable for damage resulting from this agreement: unless the service provider caused the damage intentionally or with gross negligence. In the event that the service provider owes compensation to the client, the damage is no more than the fee.
Any liability for damage: arising from or in connection with the implementation of an agreement: is always limited to the amount that is paid out in the relevant case by the (professional liability insurance (s) concluded. This amount is increased by the amount of the deductible The liability limitation also applies if the service provider is held liable for damage that results directly or indirectly from the malfunctioning of the equipment, software, data files: registers or other items used by the service provider in the performance of the assignment.
The service provider’s liability for damage resulting from intent or willful recklessness on the part of the service provider or its managerial employees is not excluded.
Article 19 Client’s liability
If an order is issued by more than one person: each of them is jointly and severally liable for the amounts that are owed to the service provider under that order. If an assignment is given directly or indirectly by a natural person on behalf of a legal person: this natural person can also be a private client. For this it is required that this natural person can be regarded as the (co-) policymaker of the legal person. In the event of non-payment by the legal person, the natural person is therefore personally liable for the payment of the invoice: irrespective of whether this: whether or not at the request of the client: in the name of a legal person or in the name of the client as a natural person or both of them .
Article 20 Disclaimer
The client indemnifies the service provider against all claims from third parties: that are related to the goods and / or services supplied by the service provider.
Article 21 Complaint obligation
The client is obliged to immediately report complaints about the work performed to the service provider in writing. The complaint contains a description of the shortcoming that is as detailed as possible: so that the service provider is able to respond adequately. A complaint can in any case not lead to: that service provider can be held to perform other work than agreed
Article 23 Intellectual property
Unless the parties have agreed otherwise in writing, the service provider retains all intellectual absolute rights (including copyright, patent law, trademark law: drawing and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models , models, etc. The stated absolute intellectual rights may not be copied, shown to third parties and made available or used in any other way without written permission from the service provider.
The client undertakes to maintain the confidentiality of the confidential information made available to him by the service provider. Confidential information means in any case that to which this article relates, as well as the company data. The Client undertakes to impose a written confidentiality obligation on the purport of this provision to its staff and / or third parties involved in the implementation of this agreement.
Article 24 Confidentiality
Each of the parties keeps the information that it receives (in whatever form) from the other party and all other information concerning the other party that it knows or can reasonably suspect is secret or confidential or information that it can expect the dissemination thereof may cause harm to the other party, and shall take all necessary measures to ensure that its personnel also keep the said information secret. The confidentiality obligation referred to in the first paragraph of this article does not apply if it was already public at the time the recipient received this information or subsequently became public without a violation by the receiving party of a confidentiality obligation imposed on him, the receiving party of which may prove that this information was already in his possession at the time the other party provided it;
Who has received the receiving party from a third party whereby this third party was entitled to provide this information to the receiving party, which is made public by the receiving party on the basis of a legal obligation. Information regarding the home, history of the home or maintenance of the property with underlying guarantee certificates. These remain available as information for anyone who owns the property. The obligation of confidentiality described in this article applies for the duration of this agreement and for a period of three years after the termination thereof.
Article 25 Fine for breach of confidentiality obligation
If the client does not comply with these general terms and conditions regarding confidentiality, the client will receive an immediately due and payable penalty of € 5,000 for each service violation and in addition an amount of € 500 for each day that the violation lasts. This is regardless of whether the violation can be attributed to the client. Moreover, the forfeiture of this fine does not require prior notice of default or legal proceedings. There is also no need for any form of damage. The forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of the service provider, including his right to claim damages in addition to the fine.
Article 26 Non-takeover of staff
Client does not employ employees of service provider (or of companies that service provider used to implement this agreement and who have been or have been involved in the implementation of the agreement). He also does not let them work directly or indirectly in any other way. This prohibition applies for the duration of the agreement up to one year after its termination. One exception applies to this prohibition: parties can make different agreements with each other in good business consultation. These agreements apply insofar as they are recorded in writing.
Article 27 Dispute Resolution
Dutch law applies to these terms and conditions. The Dutch court is authorized to take cognizance of all disputes arising from these general terms and conditions.